Decisión del Panel Administrativo nº D2016-2521 of WIPO Arbitration and Mediation Center, February 07, 2017 (case Freistaat Bayern v. Lahdo Algul)

• Resolution Date: February 07, 2017
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Freistaat Bayern v. Lahdo Algul

Case No. D2016-2521

1. The Parties

Complainant is Freistaat Bayern of Munich, Germany, represented by Bettinger Scheffelt Kobiako von Gamm, Germany.

Respondent is Lahdo Algul of Füssen, Germany.

2. The Domain Name and Registrar

The disputed domain name [neuschwanstein-ticket.com] is registered with PSI-USA, Inc. dba Domain Robot (the "Registrar").

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on December 14, 2016. On December 14, 2016, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On December 15, 2016, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on January 5, 2017. In accordance with the Rules, paragraph 5, the due date for Response was January 25, 2017. Respondent did not submit any response. Accordingly, the Center notified Respondent's default on January 26, 2017.

The Center appointed Stephanie G. Hartung as the sole panelist in this matter on January 30, 2017. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

Complainant is the Free State of Bavaria, a German public body, which, inter alia, is the owner of the royal castle "Neuschwanstein", being one of the most famous tourist attractions in the world.

Complainant has provided evidence that it is the owner of the following registered trademarks relating to the designation "Neuschwanstein", all of which clearly predate the registration of the disputed domain name and all of which enjoy protection in Germany where Respondent is residing, namely:

- Word mark NEUSCHWANSTEIN...